Office of Public Sector Information
SCHEDULE 14 continued
1 If a person in the United Kingdom appeals under section 2(1) above on being refused leave to enter, any directions previously given by virtue of the refusal for his removal from the United Kingdom cease to have effect, except in so far as they have already been carried out, and no directions may be so given so long as the appeal is pending.
2 If a person in the United Kingdom appeals under section 2(1) above against any directions given under Part I of Schedule 2 or Schedule 3 to the 1971 Act for his removal from the United Kingdom, those directions except in so far as they have already been carried out, have no effect while the appeal is pending.
3 But the provisions of Part I of Schedule 2 or, as the case may be, Schedule 3 to the 1971 Act with respect to detention and persons liable to detention apply to a person appealing under section 2(1) above as if there were in force directions for his removal from the United Kingdom, except that he may not be detained on board a ship or aircraft so as to compel him to leave the United Kingdom while the appeal is pending.
3A In calculating the period of two months limited by paragraph 8(2) of Schedule 2 to the 1971 Act for the giving of directions under that paragraph for the removal of a person from the United Kingdom and for the giving of a notice of intention to give such directions, any period during which there is pending an appeal by him under section 2(1) above is to be disregarded.
3B If directions are given under Part I of Schedule 2 or Schedule 3 to the 1971 Act for anyone’s removal from the United Kingdom, and directions are also so given for the removal with him of persons belonging to his family, then if any of them appeals under section 2(1) above, the appeal has the same effect under paragraphs 1 to 3A in relation to the directions given in respect of each of the others as it has in relation to the directions given in respect of the appellant.
3C A variation is not to take effect while an appeal is pending under section 2(1) above against the variation.
3D (1) While an appeal under section 2(1) above is pending, the leave to which the appeal relates, and any conditions subject to which it was granted continue to have effect.
(2) A person may not make an application for a variation of his leave to enter or remain while that leave is treated as continuing to have effect as a result of sub-paragraph (1).
(3) For the purposes of section 2(1), in calculating whether, as a result of a decision, a person may be required to leave the United Kingdom within twenty-eight days, a continuation of leave under this paragraph is to be disregarded.
3E A deportation order is not to be made against a person under section 5 of the 1971 Act while an appeal duly brought under section 2(1) above against the decision to make it is pending.
3F In calculating the period of eight weeks set by section 5(3) of the 1971 Act for making a deportation order against a person as belonging to the family of another person, there is to be disregarded any period during which an appeal under section 2(1) above against the decision to make the order is pending.
3G (1) A person is not to be required to leave, or be removed from, the United Kingdom if an appeal under section 2A is pending against the decision on which that requirement or removal would otherwise be based.
(2) That does not prevent—
(a) directions for his removal being given during that period;
(b) a deportation order being made against him during that period.
(3) But no such direction or order is to have effect during that period.”
127 In Schedule 2, in paragraph 4, for “the Immigration Act 1971 as applied by paragraphs 1 to 3 above” substitute “this Schedule”
128 In Schedule 2, omit paragraph 5.
129 In Schedule 2, for paragraphs 6 and 7 substitute—
6 Paragraph 1 of Schedule 4 to the Immigration and Asylum Act 1999 has effect as if section 2 of this Act were contained in Part IV of that Act.
7 Section 81 of the Immigration and Asylum Act 1999 shall have effect as if section 2 above were contained in Part IV of that Act.”
Section 169(2).
1 (1) An order made under section 3A of the 1971 Act may make provision with respect to leave given before the commencement of section 1.
(2) An order made under section 3B of the 1971 Act may make provision with respect to leave given before the commencement of section 2.
2 (1) This paragraph applies in relation to any time before the commencement of the repeal by this Act of section 2 of the [1996 c. 49.] Asylum and Immigration Act 1996.
(2) That section has effect, and is to be deemed always to have had effect, as if the reference to section 6 of the [1993 c. 23.] Asylum and Immigration Appeals Act 1993 were a reference to section 15, and any certificate issued under that section is to be read accordingly.
3 (1) Each existing member of the Tribunal is to continue as a member of the Tribunal as if he had been duly appointed by the Lord Chancellor under Schedule 2.
(2) Each existing adjudicator is to continue as an adjudicator as if he had been duly appointed by the Lord Chancellor under Schedule 3.
(3) The terms and conditions for a person to whom sub-paragraph (1) or (2) applies remain those on which he held office immediately before the appropriate date.
(4) The provisions of Schedule 7 to the [1993. c. 8.] Judicial Pensions and Retirement Act 1993 (transitional provisions for retirement dates), so far as applicable in relation to an existing member or adjudicator immediately before the appropriate date, continue to have effect.
(5) The repeal by this Act of Schedule 5 to the 1971 Act (provisions with respect to adjudicators and the Tribunal) does not affect any entitlement which an existing member or adjudicator had immediately before the appropriate date as a result of a determination made under paragraph 3(1)(b) or 9(1)(b) of that Schedule.
(6) “The appropriate date” means—
(a) in relation to existing members of the Tribunal, the date on which section 56 comes into force; and
(b) in relation to existing adjudicators, the date on which section 57 comes into force.
(7) “Existing member” means a person who is a member of the Tribunal immediately before the appropriate date.
(8) “Existing adjudicator” means a person who is an adjudicator immediately before the appropriate date.
4 At any time before the coming into force of section 90 of the Access to Justice Act 1999—
(a) the reference in section 48(3)(b) to the justices' chief executive appointed by the magistrates' court committee whose area includes the petty sessions area for which the specified court acts is to be read as a reference to the clerk of that court; and
(b) the reference in section 28K(9)(a) and (10) of the 1971 Act (inserted by section 138) to the justices' chief executive appointed by the magistrates' court committee whose area includes the petty sessions area for which the justice acts is to be read as a reference to the clerk to the justices for the petty sessions area for which the justice acts.
5 Section 116 has effect, in relation to any time before section 115 is brought into force, as if section 115 came into force on the passing of this Act.
6 Section 117(1) has effect, in relation to any time before section 115 is brought into force, as if section 115 came into force on the passing of this Act.
7 Subsections (1) to (3) of section 120 have effect, in relation to any time before section 115 is brought into force, as if section 115 came into force on the passing of this Act.
8 Subsections (1) and (2) of section 121 have effect, in relation to any time before section 115 is brought into force, as if section 115 came into force on the passing of this Act.
9 Section 117(2) has effect, in relation to any time before section 115 is brought into force, as if section 115 came into force on the passing of this Act.
10 Subsections (4) and (5) of section 120 have effect, in relation to any time before section 115 is brought into force, as if section 115 came into force on the passing of this Act.
11 Section 15 of the 1971 Act, section 5 of the [1988 c. 14] Immigration Act 1988 and the [S.I. 1993/1656] Immigration (Restricted Right of Appeal against Deportation) (Exemption) Order 1993 are to continue to have effect in relation to any person on whom the Secretary of State has, before the commencement of the repeal of those sections, served a notice of his decision to make a deportation order.
12 (1) Sub-paragraph (2) applies if, on the coming into force of section 10, sections 15 of the 1971 Act and 5 of the Immigration Act 1988 have been repealed by this Act.
(2) Those sections are to continue to have effect in relation to any person—
(a) who applied during the regularisation period fixed by section 9, in accordance with the regulations made under that section, for leave to remain in the United Kingdom, and
(b) on whom the Secretary of State has since served a notice of his decision to make a deportation order.
13 (1) The Secretary of State may by order provide for any provision of Part VII of the [1996 c. 52.] Housing Act 1996 (homelessness) to have effect in relation to section 185(2) persons, during the interim period, with such modifications as may be specified in the order.
(2) An order under this paragraph may, in particular, include provision—
(a) for the referral of section 185(2) persons by one local housing authority to another by agreement between the authorities;
(b) as to the suitability of accommodation for such persons;
(c) as to out-of-area placements of such persons.
(3) “Interim period” means the period beginning with the passing of this Act and ending on the coming into force of the repeal of section 186 of the Act of 1996 (asylum-seekers and their dependants) by this Act (as to which see section 117(5)).
(4) “Local housing authority” has the same meaning as in the Act of 1996.
(5) “Section 185(2) person” means a person who—
(a) is eligible for housing assistance under Part VII of the Act of 1996 as a result of regulations made under section 185(2) of that Act; and
(b) is not made ineligible by section 186 (or any other provision) of that Act.
(6) The fact that an order may be made under this paragraph only in respect of the interim period does not prevent it from containing provisions of a kind authorised under section 166(3)(a) which are to have continuing effect after the end of that period.
14 (1) The Secretary of State may, by directions given to a local authority to whom Schedule 9 applies, require the authority to treat the interim period fixed for the purposes of that Schedule as coming to an end—
(a) for specified purposes,
(b) in relation to a specified area or locality, or
(c) in relation to persons of a specified description,
on such earlier day as may be specified.
(2) The Secretary of State may, by directions given to an authority to whom an amended provision applies, provide for specified descriptions of person to be treated—
(a) for specified purposes, or
(b) in relation to a specified area or locality,
as being persons to whom section 115 applies during such period as may be specified.
(3) Directions given under this paragraph may—
(a) make such consequential, supplemental or transitional provision as the Secretary of State considers appropriate; and
(b) make different provision for different cases or descriptions of case.
(4) “Specified” means specified in the directions.
(5) “Amended provision” means any provision amended by—
(a) section 116;
(b) section 117(1) or (2);
(c) section 120; or
(d) section 121.
Immigration and Asylum Act 1999